92
nd Legislative Session _ 2017
Committee: House Judiciary
Wednesday, February 22, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Bordeaux
P Haugaard
P Jensen (Kevin)
P Kaiser
P Lust
P Peterson (Kent)
P Reed
P Rozum
P Tieszen
P Turbiville
P Wismer
P Johns, Vice-Chair
P Stevens, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mike Stevens, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 21, 2017
Moved by: Rozum
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
HB 1200: revise certain provisions regarding contributions to ballot question committees.
Presented by: Representative Mickelson
Proponents: Tony Vanhuizen, Governor's Office
Will Mortenson, Mickelson & Company, LLC
Opponents: David Owen, SD Chamber of Commerce & Industry
Bradley A. Smith, Columbus, OH, self
Dale Bartscher, Family Heritage Alliance Action
Jordan Mason, National Association for Gun Rights
Ben Lee, Americans for Prosperity, self
Bill VanCamp, South Dakota Retailers Association
Matthew McCaulley, Foundation For Government Accountability (Handouts: #1, #2)
MOTION: DO PASS HB 1200 AS AMENDED
Moved by: Johns
Second by: Turbiville
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Jensen (Kevin), Peterson (Kent), Reed, Rozum, Tieszen, Turbiville, Wismer, Johns,
Stevens
Voting No: Haugaard, Kaiser, Lust
Excused: Bordeaux
HB 1001: revise certain provisions regarding prison or jail population cost estimates.
Presented by: Jason Hancock, Director of South DakotaLegislative Research Council
Proponents: Tony Vanhuizen, Governor's Office
MOTION: AMEND HB 1001
1001bd
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 2-1-19 be amended to read:
2-1-19. A prison or jail population cost estimate shall be attached to any bill, or amendment, or
measure proposed by ballot initiative except misdemeanor penalties, that may impact the state prison
or county jail population. A prison or jail population cost estimate shall be attached to any measure
proposed by ballot initiative, except Class 2 misdemeanor penalties, that may impact the state prison
or county jail population. A prison or jail population cost estimate shall be prepared for a bill or
amendment with a Class 1 misdemeanor penalty only upon a request authorized by the rules of the
Legislature. The requirement for a cost estimate includes each bill or, amendment, or ballot initiative
that meets the penalty requirements of this section and that increases the period of imprisonment
authorized for an existing crime, that adds a new crime for which imprisonment is authorized, that
imposes a minimum or mandatory minimum term of imprisonment, or that modifies any law
governing release of a prisoner from imprisonment or supervision.
The sponsor of the legislation, amendment, or ballot initiative shall request and allow sufficient
time to prepare a cost estimate from the
Bureau of Finance and Management or the Legislative
Research Council. The cost estimate shall be completed for a bill
or amendment before the bill
or
amendment is considered by any standing committee of the Legislature. Any ballot initiative shall
have a cost estimate attached to the Attorney General's statement required pursuant to § 12-13-9 or
12-13-25.1.
Section 2. That § 2-1-20 be amended to read:
2-1-20. A cost estimate pursuant to § 2-1-19 shall include the following:
(1) An analysis of the specific components of the bill or the ballot initiative that will impact
the prison and jail population;
(2) The projected cost of the impact of the bill on the state prison system and the aggregate
cost to county jails on an annual basis and cost of the bill over a ten year period; and
(3) Operational costs and capital costs including all manner of construction.
Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9."
Moved by: Johns
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1001 AS AMENDED
Moved by: Tieszen
Second by: Turbiville
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bordeaux, Haugaard, Jensen (Kevin), Kaiser, Lust, Peterson (Kent), Reed, Rozum,
Tieszen, Turbiville, Wismer, Johns, Stevens
MOTION: PLACE HB 1001 ON CONSENT CALENDAR
Moved by: Johns
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
HB 1183: provide and revise certain provisions regarding mental health procedures in
criminal justice, to make an appropriation therefor, and to declare an emergency.
Presented by: Representative Johns
Proponents: Greg Sattizahn, Unified Judicial System
AJ Franken, Governor's Office
Kevin Thom, Rapid City, self
Eric Erickson, South Dakota Association of County Commissioners
Staci Ackerman, South Dakota Sheriff's Association
Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
Donna Linke, Woonsocket, self
Amy Iversen-Pollreisz, Department of Social Services
Terrance Dosch, South Dakota Council of Mental Health Centers, Inc.
David Braun, National Association Mental Health
Jenae Hansen, National Association of Social Workers-South Dakota
Tim Dougherty, Avera Health
Debra Owen, South Dakota Association of Healthcare Organizations
Lorin Pankratz, South Dakota Psychological Association (Handouts: #3)
MOTION: AMEND HB 1183
1183ba
On page 7, line 18, of the printed bill, delete everything after "(4)" and insert "A certified nurse
practitioner or clinical nurse specialist with current psychiatric certification and with training on how
to conduct and score competency evaluations;".
On page 7, delete lines 19 and 20.
Moved by: Reed
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
MOTION: AMEND HB 1183
1183fb
On page 7, line 14, of the printed bill, after "A" insert "licensed".
On page 7, line 18, delete "An" and insert "A licensed".
Moved by: Turbiville
Second by: Reed
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1183 AS AMENDED
Moved by: Lust
Second by: Peterson (Kent)
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Haugaard, Jensen (Kevin), Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville,
Wismer, Johns, Stevens
Voting No: Kaiser
Excused: Bordeaux
HB 1142: revise the penalty for vehicular homicide.
MOTION: DO PASS HB 1142 AS AMENDED
Moved by: Turbiville
Second by: Rozum
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Bordeaux, Jensen (Kevin), Peterson (Kent), Reed, Rozum, Turbiville, Wismer
Voting No: Haugaard, Kaiser, Lust, Tieszen, Johns, Stevens
HB 1192: increase the period of time certain persons may contract with this state after
termination of service.
Presented by: Representative May
Opponents: AJ Franken, Governor's Office
Aaron Arnold, Bureau of Human Resources
Wade Pogany, Associated School Boards of South Dakota
MOTION: DEFER HB 1192 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Rozum
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1192
1192wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 13-5 be amended by adding a NEW SECTION to read:
Each board member, fiscal agent, officer, and executive of a local service agency, school district,
cooperative service unit, education service agency, nonprofit education service agency, or jointly
governed education service entity that receives money from or through the state shall file quarterly
with the Department of Education a disclosure that lists any contract in which the member, agent,
officer, or executive has or had an interest or receives or received a direct benefit and in which any
public agency or state agency as defined in § 1-24-1 also has or had an interest. The secretary of
education, each member of the Board of Education, each employee of the Department of Education,
or any other employee of state government shall file quarterly with the Department of Education the
secretary's, member's, or employee's membership or participation in and any compensation received
from a consortium or any other organization if membership or participation in that consortium or
organization would include the exercise of control over any aspect of public education in the state
by the consortium or organization. The disclosure under this section shall include the purpose and
essential terms of the contract and the date of any authorization for the contract, if required, under
§ 3-23-8, or the purpose and terms of the membership or participation. The Department of Education
shall compile any disclosure as it is received pursuant to this section and provide a quarterly report
to members of the Legislature that includes all of the disclosures that occurred in the preceding
quarter. The Department of Education shall publish a quarterly notice in at least three newspapers
of general circulation in different parts of the state including the disclosures that were compiled by
the department in the preceding quarter. Any member of the Legislature may submit a concern in
writing regarding any disclosure under this section to the chair of the Government Operations and
Audit Committee to be heard during the following Legislative Session. Any violation of the
provisions of this section requiring disclosure is a Class 1 misdemeanor. The attorney general may
impose a civil penalty in an amount not to exceed three times the direct benefit received under any
contract by the board member, fiscal agent, officer, or executive who failed to disclose a contract
pursuant to this section. Any civil penalty recovered under this section shall be paid to the state
general fund.
Section 2. That § 3-23-6 be amended to read:
3-23-6. No board member, fiscal agent, officer, or executive of a local service agency, school
district, cooperative education service unit, education service agency, nonprofit education service
agency, or jointly governed education service entity that receives money from or through the state
may have an interest in a contract nor receive a direct benefit from a contract that to which the local
service agency, school district, cooperative education service unit, education service agency,
nonprofit education service agency, or jointly governed education service entity is a party to the
contract during or for two years following the member's, agent's, officer's, or executive's end of
service with the agency, district, unit, or entity, except as provided in § 3-23-8 or section 4 of this
Act.
Section 3. That § 3-23-8 be amended to read:
3-23-8. A local service agency, school district, cooperative education service unit, education
service agency, nonprofit education service agency, or jointly governed education service entity may
authorize a board member, fiscal agent, officer, or executive to have an interest in a contract or
derive a direct benefit from a contract if:
(1) The person has provided full written disclosure to the governing board of the agency,
district, or unit governing board, or entity;
(2) The governing board has reviewed the essential terms of the transaction or contract and
the person's role of the board member, fiscal agent, officer, or executive in the contract
or transaction; and
(3) The transaction or the terms of the contract are fair, reasonable, and are not contrary to
the public interest.
No member of a local service agency, school district, cooperative education service unit,
education service agency, nonprofit education service agency, or jointly governed education service
entity may participate in or vote upon a decision of a local service agency, school district,
cooperative education service unit, education service agency, nonprofit education service agency,
or jointly governed education service entity relating to a matter in which the member has an interest
or derives a direct benefit.
The Any authorization
given pursuant to this section shall be in writing
. Any authorization given
pursuant to this section and is a public record. Each authorization shall be filed with the auditor-general. The auditor-general shall compile the authorizations
as they are received, provide a quarterly
report to members of the Legislature that includes all of the authorizations that occurred in the
preceding quarter, and present them annually for review by the Government Operations and Audit
Committee. A board member, fiscal agent, officer, or executive of a local service agency, school
district, cooperative education service unit, education service agency, nonprofit education service
agency, or jointly governed education service entity
may comply is in compliance with this section
if: the local service agency, school district, cooperative education service unit, education service
agency, nonprofit education service agency, or jointly governed education service entity puts on its
regular meeting agenda an inquiry for conflicts disclosure prior to the consideration of any
substantive matters; the person subject to this chapter publicly discloses his or her interest in a
contract, direct benefit, or other conflict with any matter on the agenda; the person is excused from
discussion and consideration of such matters; the board determines the matter underlying the conflict
is fair, reasonable, and not contrary to the public interest; and the disclosure is included in the
minutes which that are publicly available.
Section 4. That chapter 13-5 be amended by adding a NEW SECTION to read:
Within the two-year period prohibiting any contract with a board member, fiscal agent, officer,
or executive of a local service agency, school district, cooperative service unit, education service
agency, nonprofit education service agency, or jointly governed education service entity that receives
money from or through the state, the agency, district, unit, or entity may approve a former board
member, fiscal agent, officer, or executive to contract with the agency, district, unit, or entity if the
agency, district, unit, or entity determines that the transaction and the terms of the contract are fair,
reasonable, and are in the best interests of the public. The authorization shall be in writing.
Any approval given pursuant to this section is a public record. Each approval shall be filed with
the auditor-general. The auditor-general shall compile the approvals as they are received, provide
a quarterly report to members of the Legislature that includes all of the authorizations that occurred
in the preceding quarter, and present them annually for review by the Government Operations and
Audit Committee.
Section 5. That § 3-23-1 be amended to read:
3-23-1. No elected or appointed member of a state authority, board, or commission may have an
interest in any contract or derive a direct benefit from any contract with the state which that is within
the jurisdiction or relates to the subject matter of the state authority, board or commission or with
a political subdivision of the state if the political subdivision administers or executes similar subject
matter programs as the state authority, board or commission, nor may the member have an interest
in any contract or derive a direct benefit from any contract for one year two years after the end of the
member's term on the authority, board, or commission except as provided in §§ 3-23-3 and 3-23-4.
Section 6. That § 3-23-3 be amended to read:
3-23-3. Any elected or appointed authority, board, or commission may authorize an authority,
board, or commission member to have an interest in a contract or to derive a direct benefit from a
contract if:
(1) The authority, board, or commission member has provided full written disclosure to the
authority, board, or commission;
(2) The authority, board, or commission has reviewed the essential terms of the transaction
or contract and the authority, board, or commission member's role in the contract or
transaction; and
(3) The transaction and the terms of the contract are fair, reasonable, and not contrary to the
public interest.
No member of a state authority, board, or commission may participate in or vote upon a decision
of the state authority, board, or commission relating to a matter in which the member has an interest
or derives a direct benefit.
The Any authorization
given pursuant to this section shall be in writing
. Any authorization given
pursuant to this section and is a public record. Each authorization shall be filed with the auditor-general. The auditor-general shall compile the authorizations
as they are received, provide a quarterly
report to members of the Legislature that includes all of the authorizations that occurred in the
preceding quarter, and present them annually for review by the Government Operations and Audit
Committee. A member of an authority, board, or commission
may comply is in compliance with this
section if: the authority, board, or commission puts on its regular meeting agenda an inquiry for
conflicts disclosure prior to the consideration of any substantive matters; the member publicly
discloses his or her interest in a contract, direct benefits, or other conflict with any matter on the
agenda; the member is excused from discussion and consideration of the matter; the board
determines the matter underlying the conflict is fair, reasonable, and not contrary to the public
interest; and the disclosure is included in the minutes which are publicly available.
Section 7. That § 3-23-4 be amended to read:
3-23-4. Within the one-year two-year period prohibiting any contract with an elected or
appointed authority, board, or commission, the authority, board, or commission may approve a
former authority, board, or commission member to contract with the elected or appointed authority,
board, or commission if the authority, board, or commission determines that the transaction and the
terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization
shall be in writing.
Any approval given pursuant to this section is a public record. Each approval and shall be filed
with the auditor-general. The auditor-general shall compile the approvals as they are received,
provide a quarterly report to members of the Legislature that includes all of the authorizations that
occurred in the preceding quarter, and present them annually for review by the Government
Operations and Audit Committee. "
Moved by: Haugaard
Second by: Reed
Action: Prevailed by voice vote.
MOTION: DEFER HB 1192 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Rozum
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Haugaard, Jensen (Kevin), Lust, Peterson (Kent), Reed, Rozum, Tieszen, Turbiville,
Wismer, Johns, Stevens
Voting No: Bordeaux, Kaiser
MOTION: ADJOURN
Moved by: Jensen (Kevin)
Second by: Peterson (Kent)
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
Mike Stevens, Chair
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